Your legal questions answered by Fahmida Ismail, Partner, Sydney Mitchell. As published in the legal pages of the Birmingham Post, December 2012.
Q. I am applying for bankruptcy. I moved into some business premises 10 years ago and went into partnership with my landlord, although this business relationship has now ended. I am still using the same premises however. Will my bankruptcy affect my former business partner?
A. Only if you are unable to pay your rent. Your business partnership didn’t give you any rights over your landlord’s property or possessions unless he put the premises into your joint names, for example. So your finances were, and remain, completely separate, even though you are under the same roof. If you have defaulted on loan payments using that address it’s possible that your landlord’s credit rating will be affected. However a search at Companies House should reveal that your finances aren’t in any way linked.
Q. The business next door is extending along the party wall, and is proposing to put up scaffolding in our yard. Are they allowed to do this?
A. If it’s a party wall you own it jointly and it cannot be altered without your consent. Works to a party wall often require a Party Wall Agreement, and the person proposing the works has to meet the costs of the other party. If you give consent, this agreement would include rights of access to put up scaffolding. If you are likely to be affected by work on the foundations you should receive a notice a month before work starts. An extension built inside their boundary will not come under the legislation relating to party walls, and access is negotiable. You could ask a surveyor to conduct negotiations on your behalf.
Q. One of our roof tiles was blown off and smashed the windscreen of a delivery van. But our insurers say they are only prepared to consider the claim if the owner of the van sues us. They say it was an “Act of God”. I wonder if they would have paid up if someone had been seriously injured?
A. Your insurance contract will probably say that you are indemnified against “liability at law” – in other words they will only pay out where a court has held you responsible. If the owner of the van – or anyone who had been seriously injured by one of your roof tiles – did take you to court they would probably win unless you could show that you had the roof inspected recently or that the weather conditions were truly exceptional: it’s rare for an Act of God defence to succeed.
For further information in relation to any of these issues, please contact the Sydney Mitchell team of specialised lawyers on 0121 746 3360 or fill in our online enquiry form.
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